Supreme Court asks tough questions in Bilski oral arguments

The US Supreme Court yesterday grappled with the question of what constitutes patent-eligible subject matter in one of the most high-profile patent cases in the nation’s history

Attendees lined up outside the High Court early Monday
morning to gain access to the 1:00 pm hearing in Bilski
and Warsaw v Kappos.

The Court was packed to capacity - about 400 people gathered
to hear the controversial patent case, and many more were
turned away. Bradley Wright of Banner & Witcoff was in line
by 9:45 am and was still the 41st member of the Bar to be
admitted to the court room.

Justice Scalia kicked off the questioning, interrupting
Bilski's counsel, J Michael Jakes, when he asserted that the
Federal Circuit's October 2008
decision promoting the so-called
machine-or-transformation test as the proper test to apply in
determining patent eligibility was too rigid. "What is wrong
with [the] analysis that [the term] 'useful arts' always was
thought to deal with machines and inventions?" asked
Scalia.

Jakes replied that business has traditionally been
considered to be within the realm...